Agreement between

Defense Depot Puget Sound

and

Bremerton Metal Trades Council

SIGNED: October 27, 2005
Electronic copy located on DDPW LAN:

P:\Union Agreement\DDPW Negotiated Agreement signed 10-27-2005.pdf
Agreement between

Defense Depot Puget Sound

and

Bremerton Metal Trades Council

Table of Contents

Article Title

Preamble

Witnesseth

1 Recognition and Coverage of Agreement

2 Rights of the Employer

3 Rights of the Employees

4 Rights of the Union

5 Provisions of Law and Regulations

6 Matters Appropriate for Negotiation

7 Union Representation

8 Hours of Work

9 Overtime

10 Annual Leave

11 Administrative Leaveand Leave of Absence

12 Sick Leave

13 Environmental DifferentialPay for Wage Grade

Employees

14 Promotions

15 Assignment of Work

16 Development and Review of Position and Job

Descriptions

17 Disciplinary Action

18 Health and Safety and Morale

19 Training

20 Publicity

21 Personnel Movement in RIF Situations and Rehiring

22 Civic Responsibilities

23 Committee Assignments

1
24 Grievance Procedure

25 Arbitration

26 Voluntary Allotment of Union Dues

27 Performance Appraisals

28 Office Space

29 Duration and Changes

PREAMBLE

This agreement is made by and between the Defense Depot Puget Sound

(DDPW), hereinafter referred to as the "Employer" and the Bremerton Metal

Trades Council (BMTC), hereinafter referred to as the "Union."

WITNESSETH

In accordance with the provisions of Title VII of the Civil Service Reform

Act of 1978, and in consideration of the mutual covenants herein set forth,

the parties hereto intending to be bound, hereby agree as follows:

ARTICLE 1. RECOGNITION AND COVERAGE OF AGREEMENT

Section 101.

The Employer hereby recognizes that the Union is the exclusive

representative of all collective bargaining unit employees as defined in

Section 2 below.

Section 102.

The unit to which the agreement is applicable is:

All employees, including temporary, probationary and intermittent

employees of the DDPW, except professional employees, management

officials, supervisors, engaged in Federal personnel work in other than a

purely clerical capacity and any confidential employees, in accordance with

the FLRA BMTC Charter.

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ARTICLE 2. RIGHTS OF THE EMPLOYER

Section 201.

It is agreed that the Employer retains the right:

A. To determine the mission, budget, organization, number of employees,

and internal security practices of the DDPW; and

B. In accordance with applicable laws:

(1) to hire, assign, direct, layoff, and retain employees in the agency; to

establish performance standards and performance elements and critical

elements; or to suspend, remove, reduce in grade or pay, or take other

disciplinary action against such employees;

(2) to assign work, to make determinations with respect to contracting out,

and to determine the personnel by which DDPW operations shall be

conducted;

(3) with respect to filling positions, to make selections for appointments

from:

(a) among properly ranked and certified candidates for promotion; or

(b) any other appropriate source; and

(4) to take whatever action may be necessary to carry out the Agency

mission during emergencies.

Section 202.

When language in this agreement refers to duties of specific employees, it

is intended as a guide as to how a situation may be handled. The Employer

retains the discretion to make work assignments among qualified

personnel.

ARTICLE 3. RIGHTS OF EMPLOYEES

Section 301.

Each employee shall have the right to form, join, or assist any labor

organization, or to refrain from any such activity, freely and without fear of

penalty, reprisal, discrimination, coercion and each employee shall be

protected in the exercise of such right. Except as otherwise provided in

this agreement such right includes the right:

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A. To act for a labor organization in the capacity of a representative and the

right, in that capacity, to present the views of the labor organization to

heads of agencies and other officials of the executive branch of the

Government, the Congress, or other appropriate authorities; and

B. To engage in collective bargaining with respect to conditions of

employment through representatives chosen by the employees.

Section 302.

Each employee shall have the right to a reasonable amount of allowed time

to bring work related matters, or matters of personal concern, to the

attention of the employee's designated Union representative either

personally or by telephone and/or appropriate officials of the Employer,

such as the immediate supervisor, Equal Employment Opportunity (EEO)

Counselor, Civilian Employee Assistance Program Coordinator, Safety

Officer, or the Human Resources Office. The employee must obtain the

immediate supervisor's permission prior to leaving the work site during

duty hours.

Section 303.

Employees of the unit have the right to have a Union representative present

at discussions or investigations between themselves and supervisors, or

other representatives of the Employer as hereinafter provided in this

agreement. This does not apply to day-to-day meetings between the

employee and the supervisor concerning such items as, planning,

organizing, directing, evaluating and controlling work.

Section 304.

Employees upon request will be permitted to review their official personnel

folder (OPF), medical records or any other information identifiable to the

employee that may be contained in a system of records maintained by the

employer or any third party acting on behalf of the Employer in a

reasonable amount of time. An employee’s representative when authorized

by the employee in writing will be permitted to review the employee’s

records.

Section 305.

The Employer agrees that all employees in the bargaining unit will be

treated fairly and equitably in the application or interpretation of laws, rules

and regulations of the agency or higher authority or employer policies and

department procedures affecting working conditions.

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ARTICLE 4. RIGHTS OF THE UNION

Section 401.

The Union is the exclusive representative of the employees in the unit and

is entitled to act for and negotiate collective bargaining agreements

covering those employees.

A. When the Employer receives orders or exercises its right to contract

work traditionally performed by unit employees, the Employer will inform the

Council President in writing.

B. When the Employer takes action during emergencies, the Employer

will inform the Union President of the emergency and the Employer's action,

as soon as practical.

C. The Union shall be promptly notified by the Employer and shall be

given the opportunity to be represented at any formal discussion between

one (1) or more officials of the Employer and one (1) or more employees of

the unit or their representatives concerning any grievance or any personnel

policy or practices or other general condition of employment.

D. The Union may have a representative attend New Employee

Indoctrination to answer questions regarding the Union's representational

responsibilities. The Employer agrees to give serious consideration to any

suggested content changes to the presentation or related matters which are

recommended by the Union and will notify the Union before implementing

any change which affects the employee/Union representational

rights/responsibilities. The Employer will provide the Union with a copy of

the schedule, names and shops of New Employee Indoctrination sessions.

The employer agrees to provide a copy of the agreement to all new

employees.

E. The Employer will make available a copy of the Agreement and

amendments to each unit employee. The Employer agrees to furnish the

Union additional copies of the Agreement and amendments at the

Employer's cost. The Union will identify the number of copies required

prior to initial printing.

Section 402.

The Union will exercise those entitlements without discrimination and

without regard to labor organization membership.

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Section 403.

The exclusive representative shall be given the opportunity to be

represented at any formal discussion between one or more representatives

of the agency and one or more employees in the unit or their

representatives concerning any grievance or personnel policy or practices

or other general conditions of employment.

Section 404.

The exclusive representative shall be given the opportunity to be

represented at any examination of an employee in the unit by a

representative of the agency in connection with an investigation if:

A. The employee reasonably believes that examination may result in

disciplinary action against the employee or required to give a written

statement and

B. The employee requests representation.

Section 405.

The Employer agrees to inform unit employees of those rights in Section 4

above, annually, in writing.

Section 406.

The parties agree to meet and negotiate in good faith, for purposes of

arriving at a collective bargaining agreement. If agreement is reached, the

parties agree to execute, at the request of any party to the negotiation, a

written document embodying the agreed upon terms, and to take such

steps as are necessary to implement such agreement. On the condition

that the contract goes into effect upon agreement or with a hand shake that

very moment of agreement and the signature shall follow as soon as

possible by both parties. The parties understand that final approval of

agreement is subject to DoD review.

Section 407.

Upon written request, the Employer will furnish to the Union such data, not

prohibited by law, which is normally maintained by the Employer in the

regular course of business; which is reasonably available and necessary

for full and proper discussion, understanding, and negotiation of subjects

within the scope of collective bargaining and; which does not constitute

guidance, counsel, or training provided for management officials or

supervisors, relating to collective bargaining.

6
The Union recognizes that a five (5) workday period of time may be needed

by the Employer to respond to such data requests. When it is not possible

to respond within the time frame an extension may be requested.

This would apply to data request all other issues would be itemized

Section 408.

The Union has the right to negotiate matters as discussed in Article 6

which are the subject of any rule or regulation, provided the rule or

regulation is not a government-wide rule or regulation regarding personnel

policies, practices or working conditions affecting unit employees or is

inconsistent with an agency or government-wide rule or regulation or

federal law.

Section 409.

The Union has the right to preclude unit employees from being represented

by an attorney or other representative in any grievance or appellate action

filed or processed through the grievance procedure of this agreement.

This applies primarily to meetings, grievances, and arbitration. It does not

apply to EEO procedures or Merit Systems Protection Board (MSPB)

hearings.

Section 410.

The Union may not preclude a unit employee from being represented by an

attorney or other representative while exercising grievance appellate rights

established by law, rule, or regulation outside this agreement, nor in

exercising any grievance or appellate rights established by law, rule, or

regulation.

Section 411.

The Employer will provide the Union with a quarterly listing of bargaining

unit members upon request. The listing will contain the work area of each

employee and be sorted by division. Upon request by the Union, the

Employer will provide updated data on individual employees who have

accreted into the unit, or have been transferred, reassigned or promoted

within the unit. This data will be provided within five (5) workdays of

request by the Union.

Section 412.

The Employer agrees that the Union must be notified when management

is in the process of making changes in working conditions that either will

or would impact employees

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ARTICLE 5. PROVISIONS OF LAW AND REGULATIONS

Section 501.

In the administration of all matters covered in the agreement, officials and

employees are governed by existing or future laws, and government-wide

regulations of appropriate authorities, by published Department of Defense

(DOD) policies and regulations in existence at the time the agreement was

approved; and by subsequently published DOD policies and regulations

required by law or by the government-wide regulations of appropriate

authorities. In addition to the threat levels will adhere to relevant

DLA requirements and changes that may be imposed in the event of

terrorism to the activity.

Section 502.

All unit members at DDPW are subject to DDPW instructions in existence at

the time this agreement was approved, as well as subsequently published

DDPW instructions. Subsequent instructions affecting personnel policies,

practices and conditions of employment will be processed in accordance

with procedures in Article 6, Section 2. All DDPW instructions covering

personnel policies, practices and general working conditions in existence

at the time this agreement is approved hereby become a part of and subject

to the provisions of this agreement. Where the language of this agreement

and the language in an instruction in existence at the time of the agreement

are in conflict, this agreement will take precedence.

Section 503.

The Employer agrees to place the Union on the distribution list for activity

instructions and notices, HRO manual changes, Civilian Personnel

Instructions, including changes, amendments and corrections. These shall

be provided by hard copy, floppy disk or LAN, as technological advances

are implemented.

ARTICLE 6. MATTERS APPROPRIATE FOR NEGOTIATION

Section 601.

If the Employer proposes to make changes in personnel policies, practices

and matters affecting unit employees' working conditions, the Employer

will discuss the proposal with the Union Chairperson or designee prior to

implementation. If the Union considers the change to be substantive, or no

agreement is reached, the procedures in Section 602 of this article will

apply. The employer will send electronic and hard copy to the

union to discuss any changes.

8
Section 602.

If the Employer proposes changes in personnel policies, practices and

matters affecting unit employees' working conditions, which cannot be

resolved as in Section 1 above, a draft copy of the proposal, with

supporting documentation, will be submitted to the Union's Chairperson or

designee and the following procedures will be used.

A. The Union will have ten (10) workdays or the union may contact the

employer at any time prior to negotiate such matter or advise the Employer,

in writing, if they desire to consult on the matter. If the Union has no

questions or concerns and does not respond, the Employer is free to

implement the new or revised policy or rule.

B. If the Union does respond, the parties will meet within five (5) workdays

and attempt to reach an agreement through consultation.

C. When additional information is requested by the Union, and it is

available to the Employer it will be provided by the Employer within five (5)

workdays.

D. All agreements concerning DDPW Instructions dealing with conditions

of employment, that are reached through this procedure, will be reduced to

writing, and will become a part of and subject to the provisions of this

agreement.

E. If the parties fail to reach agreement, the Union may request formal

negotiations. The Union's request for negotiations will be made within ten

(10) workdays of receipt of the original proposal and will contain the

Union's written proposal. If the Union does not make a timely request for

negotiations it will be deemed to have waived such right. The parties will

meet on a mutually-agreed upon date to begin negotiations. The Employer

agrees to grant reasonable extensions for the Union to present I&I issues.

F. Negotiations shall take place between 0730 and 1700 hours, Monday

through Friday. There will be an equal number of representatives from each

party, normally not to exceed two (2), being in a duty status. The employer

retains the right to have fewer participants than the Union. If either party

requires additional representatives in attendance at the negotiations, the

parties shall agree on the number of Union representatives to be in a duty

status prior to the negotiations meeting.

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ARTICLE 7. UNION REPRESENTATION

Section 701.

The Employer agrees to recognize Union representatives as identified.

Union reps are authorized to conduct activities outlined in this agreement.

The Union shall supply the Employer, in writing, and shall maintain with the

Employer on a current basis, a complete list of all authorized

representatives and the area they represent. The Employer agrees to post

the listings of Union representatives on official bulletin boards.

Section 702.

The Union will be responsible for assignments of representatives; to

include re-assignment, relief, and re-appointment. The Union agrees to

keep the Employer informed of said changes as they occur. The Union

representatives may receive, investigate, present and process grievances

on official time. They will also advise employees of rights and procedures

outlined in the agreement and applicable regulations or directives for

resolving grievances or complaints.

Section 703.

Union representatives will be allowed official time to perform duties

outlined in Section 2 above. When Union representatives and officials are

required to leave their assigned duties on appropriate matters as

discussed in Section 2 above, they will request permission from their

immediate supervisor. If the immediate supervisor is unable to release a

representative at the requested time, he or she will so advise the

representative and give an estimated release time.

Section 704.

The Employer agrees not to transfer Union representatives out of the

bargaining unit or change of shift without consultation with the Union.

Section 705.

The chairperson of the Union, or designee, will be the sole point of contact

in all matters of personnel policies, practices, procedures and matters

affecting conditions of employment at DDPW.

A. The President or designee of the Union will receive written notification

of changes in personnel policies, practices, procedures and matters

affecting conditions of employment at DDPW.

10
B. The President or designee is the only Union representative at DDPW

with the authority to negotiate changes in the agreement on behalf of the

Union.

Section 706.

The Employer agrees that the officers of the Union, who are not active

employees of the DDPW, may be admitted upon approval of a request to

the Employer for the purpose of meeting officials of the Union, or the

Employer during working hours. Such visits shall be governed by security

regulations.

ARTICLE 8. HOURS OF WORK

Section 801.

The administrative workweek is the calendar week 0000 hours Sunday

through 2400 hours Saturday. The basic workweek will consist of five (5)

eight-hour day shifts, Monday through Friday, inclusive, except in those

functional areas which require other shift work.

Section 802.

The Employer will make a reasonable effort to assign employees to the

basic workweek to the maximum extent possible by workload

commitments, facilities, and space.

Section 803.

Basic workweeks other than Monday through Friday will be established in

accordance with specific relevant provisions of 5 CFR, 610-121. The Union

will receive notification of establishment of such workweeks in advance.

Section 804.

The Employer agrees to seniority assignment of employees to shifts of

swing/grave. Employees assigned to shifts will be in accordance with

grade and position requirements.

Section 805.

Reasonable time will be mutually agreed to, NTE (15 minutes ) consistent

with the nature of the work performed, for employees to clean up for

protection of the employees' health, government property, equipment, or

tools prior to lunch break and at the end of the workday. This would

also include cleaning up your key board keys and desk or work stations if

required.

11
Section 806.

If an employee is required to work through his or her regular lunch period,

the appropriate supervisor may reschedule the employee's lunch period,

job requirements permitting, provided such alternate lunch period may not

begin more than one (1) hour prior to or more than one (1) hour later than

the starting of the employee's normal lunch period.

Section 807.

The Employer recognizes that during winter months, some areas are more

heavily impacted by snow and ice than other areas. The Employer

therefore agrees to grant administrative leave if the decision is made to

cease all but critical operations and to allow a reasonable amount of time

to arrive to work or leave from work to avoid storms or snow etc. If normal

operations are maintained during adverse weather conditions, a liberal

leave policy will be applied to those non-essential employees who are

heavily impacted by adverse weather. The Employer reserves the right to

have essential employees to report to work.

Section 808.

The flextime program includes civilian employees of DDPW. This system

allows employees to select and/or vary their arrival and departure times

within agreed upon parameters.

A. The following basic requirement must be met:

(1) Each participating employee must account for an eight (8) hour day, all

employees are eligible to participate.

(2) Each participating employee must be present during core time.

B. Management has the right to determine which employee(s) will be

excluded from participation in the flextime program and for what periods of

time their exclusion is effective. Employees excluded will be provided with

as much advance written notification as possible, taking into consideration

the employees' circumstances and the workload requirements. An

employee may grieve the exclusion through the negotiated grievance

procedure.

Section 809.

Employees may request an alternate work schedule in accordance with

governing instructions.

12
Section 810

There will be a 15 minute rest period during the first half of the work shift

and a 15 minute rest period during he second half for unit employees. If

otherwise working when scheduled break and lunch times come, it is

permissible to move those times for the day.

ARTICLE 9. OVERTIME

Section 901.

Overtime will be paid in accordance with law. Work performed in excess

(8) hours during a workday or forty (40) hours in a workweek will be

considered overtime and compensated accordingly. Employees will not

work solely on their own to accomplish overtime work. If this cannot be

avoided, the employer agrees to safety check employees working in remote

areas. Unqualified employees wanting overtime that require training; can

request such training from their supervisor.

Section 902.

Overtime assignments will be distributed fairly by seniority, by SCD for

leave, and among qualified employees in accordance with their particular

skills and the need for overtime work. Involuntary overtime will be

distributed using inverse seniority by SCD for leave. Such involuntary lists

will be rotated until each employee has one turn at mandatory overtime and

then the list will start over at zero. The Employer agrees, upon request, to

relieve an employee from an overtime assignment provided another

qualified employee is available and willing to accept the assignment. The

Employer shall determine the numbers and qualifications required for such

overtime work, shall determine the employees that satisfy the requirements

and shall select and assign employees to overtime work accordingly,

subject to the provisions of the agreement. When overtime is offered to an

employee and he or she is granted relief from the assignment, the hours of

overtime declined will be considered as overtime hours worked for the

purpose of determining the equity of overtime distribution, unless offered

less than 24 hours in advance. Requests for release from overtime for

valid emergency reasons shall be considered.

Section 903.

In the assignment of overtime the Employer agrees to provide the

employee with as much advance notice as practicable. In the event the

employer fails to notify an employee 24 hours in advance the employer

further agrees to give due consideration to the employee's personal

circumstances, subject to the paramount requirements of fulfilling the

mission of the Activity.

13
Section 904.

If possible, an employee designated to work overtime on days outside their

workweek will be notified no later than 24 hours prior to the end of there

last shift before overtime commences.

Section 905.

The Employer agrees to make every reasonable effort provide at least four

(4) hours of work to an employee who is requested to work overtime.

Employees reporting for overtime assignments not consecutive with their

work shift, will be paid a minimum of 2 hours regardless if overtime is

canceled.

Section 906.

At the beginning of each week, the Employer will post an overtime

volunteer sheet. This sheet will include the employees name and a yes/no

check block for each day of the week and the coming weekend. Employees

are required to indicate if they are interested in working overtime on any

given day. When it is determined that an overtime requirement exists, the

Employer will go to the volunteer list to determine who will be offered the

overtime.

Suitable records of overtime worked will be maintained. The Employer

agrees to allow a Union representative to inspect existing overtime records

to the extent necessary to determine alleged inequities in overtime

distribution. The Employer agrees to maintain overtime records which will

reflect:

a. Days the employee worked overtime:

b. Days the employee was provided the opportunity to work

overtime; and

c. Days the employee failed to report for overtime.

Such records shall be made available to a Union Steward to that extent

necessary for the purpose of resolving an employee's complaint alleging

inequities in overtime. Such requests by a Union Steward must be kept to

a minimum and specifically identify the employee(s) involved.

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SECTION 907.

CALL BACKS Employer agrees to use seniority principals among qualified

employees on a rotation list. A three (3) hour minimum will be paid for

show up on call backs for work. The employer agrees to rotate the call

back duty. The notification method will be cell phone issued by the

employer, unless other methods mutually agreed to.

ARTICLE 10. ANNUAL LEAVE

Section 1001.

Annual leave is a vested right of the employee and shall be accrued in

accordance with appropriate regulations. Management will make every

effort to approve an employee’s request for annual leave based on

workload requirements. Emergency leave requests will be submitted

within the first hour of the shift or as soon as practical. The onus is on the

employee to assure their leave is approved.

Section 1002.

The Employer agrees to schedule in advance approved leave, by the

principles of seniority, for vacation purposes. Employees requesting

periods of time such as two (2) consecutive weeks for vacation will have

priority over employees requesting shorter periods of time providing the

leave is available and the employee requests this leave by March 1st of the

year. Leave approval is subject to workload. All leave conflicts will be

resolved by SCD for leave.

Section 1003.

Every reasonable attempt will be made to satisfy the desires of the

employee with respect to the approving of extended annual leave for

vacations. When the Employer finds it necessary to cancel previously

approved vacation leave, the reasons for such cancellation will be given to

the affected employee(s) in writing. If leave needs to be canceled, every

effort will be made to ensure that employees, who have pre-paid vacation

plans, will be the last employees to have their leave canceled. Also, every

effort will be made to give 2 weeks notice if leave is to be canceled.

Section 1004.

If the Employer schedules or affects a shutdown of work, the Employer will

attempt to provide work based on the manpower requirements of the

Command for employees who do not have annual leave credits. When the

Employer schedules or affects a shutdown or curtailment of work, the unit

employees will be notified as soon as practical. Upon request, annual

leave will be advanced in accordance with regulations.

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An employee may request leave without pay in order to preserve annual

leave for vacation purposes in lieu of the above procedures.

ARTICLE 11. ADMINISTRATIVE LEAVE AND LEAVE OF ABSENCE

Section 1101.

Employees may be granted accrued annual leave or leave without pay to

accept temporary labor organization positions or to attend conventions or

meetings of labor organizations as defined in the Civil Service Reform Act

of 1978, subject to the manpower requirements of the Employer.

Employees may be granted leave of absence with or without pay for other

purposes in accordance with the provisions of Title 5 of the Code of

Regulations.

Section 1102.

Employees who are absent on approved leave without pay for periods of up

to one (1) year shall accrue all applicable rights and privileges with respect

to coverage under the federal employees group life insurance and federal

employees health benefits program.

Section 1103.

In accordance with applicable regulations, an employee shall be allowed

excused time, without charge to leave or loss of pay, subject to the

identified manpower requirements of the Employer as hereinafter provided:

A. Employees participating in examinations for promotions or interviews

for Federal job opportunities or to visit pass and ID or legitimate

places within reason, within the commuting area held during the

employee's regular work shift.

B. Union representatives may be excused to attend information or

orientation sessions, Union training etc. by the Employer, when determined

to be of mutual concern or benefit to the Employer and the Union. All such

requests will be submitted in writing. Requests for this time will not be

denied based on workload.

C. Employees who volunteer as blood donors (either to the blood bank or

directly to individuals) may be excused for this purpose, not to exceed four

(4) hours pending verification of donation.

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D. Each Union representative and Supervisor may receive contract training

time to be used within 90 calendar days of receipt of the contract. The

Employer agrees to make suitable arrangements for a training room and

equipment to facilitate this training.

ARTICLE 12. SICK LEAVE

Section 1201.

Sick leave is a right of the employees and shall be earned in accordance

with applicable statutes and regulations. Sick leave shall be granted to

employees when they are incapacitated for the performance of their duty

by sickness, injury, or pregnancy and confinement, or for medical, dental,

or optical examination or treatment, when a member of the immediate

family of the employee is afflicted with a contagious disease or to care for

an ailing family member or attend or make funeral arrangements for a

family member. Sick leave shall be administered including the provisions

of the Family and Medical Leave Act, in accordance with applicable

procedures.

Section 1202.

An employee who is absent on account of sickness shall provide

notification to his or her immediate supervisor during the first hour, on the

first workday of their absence, or as soon thereafter as practical, or may

leave a message on a phone recorder. If an employee chooses to leave a

message, the employee must leave a number where they can be reached.

Requests for sick leave for medical, dental, or optical examination or

treatment shall be submitted in advance, unless it is of an urgent nature.

Section 1203.

The employer requires the supervision to be alert to detect excessive sick

leave usage or abnormal trends by an individual employee. If such usage

is detected, the employer will normally meet with the employee prior to

taking action such as a letter of requirement, in an attempt to determine if

other counseling resources may be beneficial. If such a meeting is decided

upon, the supervisor will attempt to assure that the employee understands

the affect of the absence on the mission. If the supervisor believes that

there is a medical problem that can be addressed through the Command

Employee Assistance Program, the employee will normally be encouraged

to take action to correct the problem.

The above requirement will not prohibit the supervisor from taking

necessary action to correct attendance problems as circumstances may

warrant.

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The supervisor may recommend other counseling services to assist the

employee as appropriate, including the Civilian Employee Assistance

Program to assist the employee in improving his or her attendance record.

The requirement to furnish medical documentation for any absence shall

be provided to the employee in the form of a Letter of Requirement.

The Letter of Requirement will be issued for a specific period of time

ranging from 6 to 12 months and will be maintained by the supervisor who

has the authority to approve or disapprove sick leave but it will be

the responsibility of that supervisor to remove any documentation after

completion of requirement of the letter. Prior to issuance of a Letter of

Requirement the supervisor may meet with the employee and his or her

representative, if requested, to discuss the sick leave usage and reason(s)

for issuance. Unless on a letter of requirement or, in unusual

circumstances, has been directly ordered in advance, employees will not

have to provide documentation to cover an absence until the absence

extends beyond 3 work days.

Letter of Requirement.

a. Issuance. In general medical certification is not required to support an

application for sick leave for an absence from work for three (3) workdays

or less; however, such certification may be required in individual cases.

When warranted, the Employer may issue a letter of requirement that the

Employee must obtain medical certification for each absence from

scheduled work where the absence is due to incapacitation; (i.e., sickness,

injury, pregnancy and confinement) or for medical, dental or optical

examination or treatment, regardless of duration. Exceeding or falling

below an arbitrary average shall not be the sole reason for medical

documentation requirement. The Employer may excuse an individual from

the requirement when the Employer recognizes unusual circumstances.

Sick leave which has been approved as a result of accepted medical

certification should normally not be considered when issuing the letter of

requirement for suspected misuse of sick leave. A letter of requirement

will be issued in a timely manner and shall specify the reason(s) for its

issuance.

b. Employees on a medical certification requirement, who use the Medical

Officer in lieu of a personal physician, may obtain the certification from the

Medical Officer.

c. Continuance. The Employer agrees supervision will review the medical

certification requirement prior to the expiration to make a determination if

there has been substantial improvement in the Employee’s sick leave

usage. If the review results in continuance of the requirement the

Employee will be formally notified of the decision in such a timely manner

as to ensure the employee is aware that a requirement for medical

documentation has been continued.

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Upon the expiration of the medical documentation requirement, if the

employee has not been notified of its continuance, the employee may

presume that such a requirement no longer exists until the issuance of

another letter of requirement if any.

d. Appeal. A letter of requirement requiring an Employee to support

requests for sick leave with medical certification may be appealed under

the Negotiated Grievance Procedure, Article 24.

e. Sick Leave To Care For A Family Member and Family Medical Leave Act

(FMLA) Usage. Employees will not be counseled under the provisions of

this article or placed under a Letter of Requirement for use of leave under

the provisions of the (FMLA) However, an inability of an employee to come

to work for an extended period of time regardless of what type of leave is

used is still subject to being address under appropriate means.

NOTE: Administratively acceptable medical documentation includes an

SF71 or any other document that includes information dictating the period

of incapacity, statement of full or partial incapacity and signature of a

medical practitioner.

Section 1204.

The Employer agrees to advance sick leave in accordance with applicable

regulations to employees who are incapacitated for duty because of

serious illness or disability, provided:

A. The maximum sick leave for career and career-conditional employees

shall not exceed 240 hours and an employee holding a limited appointment

may be advanced sick leave only in the amount which will be earned during

the remaining term of his or her employment.

B. There is reasonable evidence, substantiated by a statement from the

Medical practitioner, that the employee will be capable of returning to work

and fulfilling the full scope of his or her duties.

C. Sick leave will not be advanced to an employee known to be

contemplating separation by retirement or resignation.

D. That all available accumulated sick leave to the employee's credit is

exhausted and all annual leave over 80 hours, for full time employees, has

been used.

19
Section 1205.

When the employee’s medical practitioner dictates a temporary medical

limitation because of a work-related injury or illness, the Employer will

make every effort to place the employee on a job within the prescribed

restriction. The Employer agrees that any Agency contact with any

employee medical service provider, will be restricted to what is authorized

under the CFR or other relevant regulations. The employee may request to

use sick leave, annual leave if available, or leave without pay for the

purpose of work related injury absences. For work-connected illness or

injuries, the employee may apply for injury compensation as provided by

law. OWCP will be notified as per regulations.

Section 1206.

Employees who need leave due to personal or family medical emergencies

may apply for donations of annual leave under the Agency Leave Transfer

Program. The need for annual leave donations will be advertised.

ARTICLE 13. ENVIRONMENTAL/HAZARDOUS DIFFERENTIAL PAY FOR

EMPLOYEES

Section 1301.

It is agreed that employees will be paid environmental/hazardous

differentials, when warranted in accordance with law, rule or regulation

which describes the work situations where environmental/hazardous pay is

authorized.

ARTICLE 14. PROMOTIONS

Section 1401.

Promotions will be accomplished through the procedures in the Automated

Staffing Program, ASP.

ARTICLE 15. ASSIGNMENT OF WORK

Section 1501.

Employees will be assigned to work taking into account the mission of the

DDPW, and other duties which are consistent with the mission of the

DDPW, as needs emerge. The term "other duties as assigned" shall not be

construed as meaning a significant portion of the work performed at a

higher level or outside of their primary classification for an extended period

of time. Employer also agrees that each employee will have a designated

location to receive e-mail and other computer access.

20
Section 1502.

A detail is an assignment on a temporary basis of an employee to perform

duties not covered by the official description or definition of his or her

position or rating to another position or rating for the temporary periods of

time authorized by OPM and Employer regulations. Details may be made

appropriately under circumstances such as follows however seniority

principles will followed among qualified employees:

A. To meet emergencies occasioned by abnormal work load, change in

mission or organization, or unanticipated absences such as sick leave or

emergency annual leave.

B. Pending official assignments, pending description and classification of

new positions, pending security clearance, and for training purposes.

C. For other temporary appropriate Agency needs.

Section 1503.

It is the intent of the parties that details to a higher graded position should

not exceed 120 days for one individual with making more permanent

arrangements such as merit promotion etc. However, circumstances may

dictate the need for more lengthy details to higher graded positions and is

permitted under the provisions of management rights contained in 5 U.S.C.

If any such detail does exceed 120 days, management has an obligation to

provide reasonable justification for such action. Employees, as always,

have the right to file a grievance or appeal if they believe their rights are

being violated in this regard.

ARTICLE 16. DEVELOPMENT AND REVIEW OF POSITION AND JOB

DESCRIPTIONS

Section 1601.

When an employee alleges inequities in his or her position classification or

job rating, he or she shall be furnished information on the appeal rights

and procedures by the HRO. He or she may elect to be represented or

assisted by a Union representative in discussing the matter with his or her

supervisor or with representatives of the HRO in reviewing classification

standards or rating definitions that pertain to his or her rating or position,

or in pursuing an appeal.

21
Section 1602.

An employee request for a current copy of his or her job or position

description should be made to the first level supervisor. The Employer will

provide the Union with a current copy of job descriptions of members of

the unit on a case-by-case basis.

Section 1603.

It is agreed that the Employer will advise the Union when a job rating is to

be changed to a lower pay level, and at least 30 calendar days prior to

effecting a personnel action. The employer further agrees that in the event

of a downgrade, an employee can request that the Agency look for an

equally graded position elsewhere and management will make every

reasonable effort to find one.

ARTICLE 17. DISCIPLINARY ACTION

Section 1701.

All disciplinary actions shall be taken for just cause. Disciplinary actions

may be grieved in accordance with Article 24 of this agreement. When

employees receive disciplinary type letters such as proposals and

decisions, the employee will be requested to make a choice to have a copy

provided to the Union or not. On each letter of this type there will be a

block for the employee to initial stating they do or do not want the Union to

have a copy. In the event that the employee is unavailable, in cases of long

term absence, or unwilling, in cases of refusal to acknowledge receipt, to

make such a choice known, the default position will be that the Union will

not get a copy until so notified by the employee. The issuance of actions

to employees will normally be accomplished through personal delivery

unless circumstances don’t permit. The Employer will make every

reasonable effort to ensure that similar corrective action is imposed upon

employees who are similarly situated.

Section 1702.

Notice of adverse action decisions shall include at least a seven (7)

calendar day advanced notice period prior to the effective date of the

action. Situations where the safety or security of employees or property is

concerned will not be included in this requirement.

As well, whenever the Agency chooses to discipline an employee under the

“Crime Provisions”, such an advanced notice of effective date is not

required.

22
Section 1703.

The Employer will counsel employees in private and will not effect oral

admonishment in the presence of others. At all times during disciplinary

matters, employees are cautioned to conduct themselves professionally

and refrain from yelling and intimidating or physical behavior.

Section 1704.

Upon request, the employee will be provided any information relied upon to

propose a disciplinary action. The Union may also receive this information

upon request if it can be demonstrated through acceptable means that the

employee has engaged the Union as a representative for the particular

case.

Section 1705.

Where an employee is assigned to a restricted area and his or her security

clearance is challenged, he or she may be reassigned to duties in a nonsensitive area if available, pending the results of the appeal from the

challenge.

Section 1706.

Disciplinary actions will be initiated in a timely manner.

ARTICLE 18. HEALTH AND SAFETY

Section 1801.

The Employer will exert every reasonable effort to provide and maintain

safe working conditions and industrial health protection for the employees.

The employer also agrees to stay on top of new practices or issues that

would better serve the employees. The Union agrees to cooperate with the

Employer in maintaining and improving safe working conditions and

practices. The Employer will assure that periodic inspections of all agency

work places are performed, using appropriate procedures and personnel.

Section 1802.

Each employee has a primary responsibility for his or her own safety and

an obligation to know and observe safety rules and practices as a measure

of protection for him or herself and others. Employees will be encouraged

to submit suggestions which will offer practical and feasible ways of

improving the work areas and conditions. In addition, employees having a

health and safety concern have the duty to request safety inspections of

their areas.

23
An employee who requests a safety inspection will identify the specific

area, equipment or practice believed to be unsafe to facilitate the

inspection and to ensure that the Safety representative brings the proper

equipment and technical personnel to evaluate the area of concern. On

any employee generated safety inspection the Union shall be allowed to

observe the inspection. Copies of the results of employee-initiated

inspection reports will be provided to the Union upon request.

Section 1803.

Employees will also be alert to observe unsafe practices, equipment and

conditions in their areas. Such practices, equipment or conditions should

be reported to the Employer.

Section 1804.

The Employer will make every effort identify those work areas, practices,

procedures and materials which have a potential for being hazardous. The

Employer agrees to inform the Union and affected employees when a new

class of materials or processes considered hazardous to employees' health

are to be used or stored or handled at DDPW.

Section 1805.

Bi-weekly stand-up safety meetings will be held for employees. All

available employees will participate.

Section 1806.

All employees may be given recurring training on safety/operation of

equipment and hazardous material with which they are working. The

Employer will attempt to ensure that new employees are trained on the

safety/operation of equipment and that adequate orientation is provided for

all employees concerning the hazardous materials with which they are

working. Employees have a right to question an assignment when they

believe that such duties may be unsafe. The Employer has an obligation to

attempt to alleviate the employee’s concerns prior to commencement of

duties. Employees refusing to perform duties after consulting with

supervision, are in peril of disciplinary action for doing so, if it is

determined that the required duties were indeed safe.

Section 1807.

Safety shoes will be provided by the Employer. The employee will

be reimbursed up to $110.00.

24
Section 1808.

The Employer agrees that no employee shall suffer reprisal or other

punitive action for requesting safety inspections, reporting safety

violations or making any health or safety suggestions.

Section 1809.

The Employer and the Union will make every effort to prevent accidents of

any kind. The Employer will ensure that prompt emergency transportation

and first aid will be provided on all shifts. The prime consideration will be

the welfare and comfort of the injured employee(s). Employees will, as

soon as possible, notify their supervisors of any and all accidents

occurring during their work shift. Supervisors will immediately investigate

any reported accident, and initiate action to correct any hazardous

condition and render any required report.

Section 1810.

The Union will be notified, by safety officer or designee, within three (3)

workdays of any lost time work injury.

Section 1811.

The Union will be notified in a timely manor in the event of accidents or

hazardous conditions occurring in the work place.

Section 1812.

The Employer will maintain records of employees who are exposed to

contaminates in excess of accepted standards. Periodic physical

examinations will be given to employees as required by Applicable DoD

regulations. Upon request, the employee will be provided a copy of his or

her medical examination results or upon request of the employee, the

medical examination results can be provided to the Union.

Section 1813.

The Union will be provided copies of all releasable Safety and Health

Reports generated by DDPW upon request.

Section 1814.

The Employer agrees that in cases where employees are exposed to a

hazardous atmosphere or surfaces, the employees will be evacuated from

that area until the hazardous atmosphere or surfaces has been rendered

non hazardous or the Employer has issued to the employees appropriate

personal protective equipment for the hazard involved.

25
The Employer agrees that the supervisors will evacuate areas based upon

the advice of an appropriate evaluation official. Supervisors have the

responsibility to immediately evacuate a suspected contaminated area

prior to the arrival of the appropriate evaluation official.

Section 1815.

All employees are expected to dress appropriately for their work

environment to include appropriate PPE etc.

ARTICLE 19. TRAINING

Section 1901.

The Employer and the Union agree that the training and development of

employees within the unit is a matter of primary importance to the parties.

The Employer will honor the principles of seniority within groups of skill

sets when training is offered, required or appropriate to the duties being

performed.

Section 1902.

As individual development plans are made, it is agreed that both the

supervisor and the employee will participate.

ARTICLE 20. PUBLICITY

Section 2001.

The Employer will provide the Union a bulletin board in building 467 for

posting notices of meetings, recreational, or social affairs, elections,

results of elections or other appropriate literature. If the Employer

challenges the appropriateness of material posted, the Union and a Labor

Relations Specialist shall meet and attempt to mutually agree. If

agreement is not reached, the parties agree to invoke mediation for

continued attempted resolution.

ARTICLE 21. PERSONNEL MOVEMENT IN REDUCTION-IN-FORCE (RIF)

SITUATIONS AND REHIRING

Section 2101.

Prior to RIF notices being issued, the Employer will, in an effort to minimize

or avoid a RIF, consider the reassignment or transfer of employees to

available vacancies for which they are qualified or may become qualified

within a reasonable amount of time when it is the Employer's decision that

such vacancies will be filled.

26
The Employer also agrees to work closely with the union and its non

supervisory employees to work out possible solutions in trying

to determine alternatives. The Employer agrees to pass along all relevant

and available information to all employees affected in a timely manner

upon request.

Section 2102.

The Employer agrees to notify the Union of the necessity for a RIF as far in

advance as practicable and of the reasons therefore and prior to

submission of the request. The Employer also agrees to inform the Union

of the affected competitive levels and the number of employees affected,

when this information is available.

Section 2103.

It is agreed that the Employer, to the extent consistent with the Activity's

manpower requirements, will make a reasonable effort to reassign

employees whose positions are eliminated due to automation or adoption

of labor-saving devices. It is agreed that the Employer will make a

reasonable effort to find training for employees and provide information

and assist on state/federal training grants, whose positions are eliminated

because of automation or adoption of labor-saving devices, provided the

cost of such training is not prohibitive.

Section 2104.

When advance knowledge of the impact of pending changes in function,

organization, and mission is available, it shall be the responsibility of the

Employer to plan for the retraining of employees involved whenever

feasible.

Section 2105.

The Employer agrees that reasonable efforts will be attempted to ensure

that award monies are available in a post A-76 environment or MEO

organization.

ARTICLE 22. CIVIC RESPONSIBILITIES

Section 2201.

Employees receiving notification of jury duty service may contact the HRO

for information pertaining to pay and allowances. Employees will promptly

notify their immediate supervisor upon receiving notice of their having

been selected for jury duty. The employee will present the Employer a

signed jury timecard or other satisfactory evidence of the time served on

such duties.

27
An employee serving as a juror in a state or municipal court must collect all

fees and the gross sum of fees received must be turned in to the Activity.

Allowances received for meals, transportation, etc., may be retained by the

employee.

Section 2202.

The Employer and the Union mutually agree that the employees in the unit

may participate in charity drives endorsed by DoD or DLA for solicitation in

DDPW. In no instance shall the Employer or the Union exercise pressure

on an individual employee to contribute or not to contribute to a charity,

nor will any reprisal action be made against an employee who refrains from

contributing.

ARTICLE 23. COMMITTEE ASSIGNMENTS

Section 2301.

The Employer agrees that the Union may select representatives from the

unit for assignment to committees.

ARTICLE 24. GRIEVANCE PROCEDURE

Section 2401.

This article provides for an orderly and exclusive procedure for the

processing of the employee, Employer and Union grievances.

Section 2402.

This procedure applies to all matters subject to grievance procedures

allowable under the Civil Service Reform Act of 1978 (Public Law 95-454)

matters excluded from the grievance procedure are as follows:

A. Any claimed violation of subchapter III of chapter 73 of Title V, U.S.C.

(relating to prohibited political activities).

B. Retirement, life insurance, or health insurance.

C. A suspension or removal concerning adverse actions initiated because

of failure to qualify for security clearances.

D. Any certification or examination of an appointment.

E. The classification of any position, which does not result in the reduction

in grade or pay of any employee.

F. Performance ratings whose overall rating is other than fully successful,

minimally successful or unacceptable on one performance element.

G. Incentive monetary awards.

H. Non-selection for promotion.

I. Removal of probationary employees.

J. Termination of temporary appointments.

28
K. EEO complaints.

L. Any termination of benefits under Subchapter VI of Title VIII of CSRA

(grade and pay retention).

M. Actions taken under 5 U.S.C. 7532

Section 2403.

A. Grievances may be presented and processed by: (1) an employee

represented by the Union; (2) the Union on behalf of an employee; (3) an

employee on that employee's own behalf; (4) the Union on its own behalf;

or (5) the Employer.

B. In the event that an employee chooses to file a grievance on his or her

own behalf, he or she may do so without the intervention of a Union

representative as long as: (1) Management notifies the Union of the filing;

(2) the Union has the opportunity to be present at any grievance meetings,

and (3) the Union receives copies of any written decisions. The steps of

this grievance procedure will be followed. Employees who are selfrepresented are not entitled to initiate arbitration.

C. It is agreed by both parties that early and prompt resolution of problems

and complaints is desirable and attempts for resolution should be initiated

at the lowest appropriate supervisory level.

D. It is understood that the original copy of the grievance form is the

property of the Union and as such must be returned to the Union at each

step of the grievance procedure. Grievance forms filed in "employee only"

grievances are the property of the grievant.

Section 2404.

No supervisor or manager having decision-making authority in a

succeeding step of the grievance procedure will be present in a grievance

meeting of the aggrieved and subordinate supervisor or manager until the

grievance has reached his or her level. This does not prevent an employee

from making use of the command or a departmental open-door policy.

Section 2405.

All grievances filed under this procedure must be filed within 15 workdays

of the occurrence of the matter being grieved or the grievant becomes

aware of being aggrieved and must be submitted in writing on the agreed

upon grievance form. Unless otherwise stated herein the following steps

will be followed in submitting grievances.

29
(Step l.)

Grievances must be submitted in writing by the employee and/or the

representative on the agreed upon grievance form, with all applicable areas

filled out, including, but not limited to, the exact nature of the grievance

issue(s); the date of the occurrence, the specific procedural errors and/or

negotiated agreement provisions alleged to have been violated and the

specific relief sought.

The employee or Union representative will submit the grievance form to the

grievant’s immediate supervisor or manager responsible for rendering the

decision/action or to the appropriate management official as directed in

sections 6, 7 and 8 of this article. The management official will schedule a

meeting, to attempt resolution of the grievance, within five (5) workdays

following receipt of the grievance form. Witnesses may be permitted

during this step of the grievance process. Within five (5) workdays

following the meeting, the management official will provide a written

grievance decision.

(Step 2.)

In the event the grievance is not resolved during step one of this process,

the original written grievance may, with no additional matters, be referred

to the Site Manger or designee, within 10 workdays of receipt of the step

one decision. The Site Manager or designee, will schedule a meeting to

attempt resolution of the grievance within 10 workdays following receipt of

the step two grievance. The parties may present such necessary

documentary evidence to fully present the facts. Witnesses who have

direct, knowledge of the grievance issue(s) may be requested. Requests

for specific witnesses will be submitted in writing to The Site Manager or

designee. Within 10 workdays following the meeting; the step two deciding

official will provide a written grievance decision. If the Step two decision is

not satisfactory, the Union may elect to process the issue to arbitration.

Section 2406.

Grievances related to disciplinary/adverse actions will be initially filed with

the Site Manager or designee

Section 2407.

Grievances pertaining to Performance Appraisals will be initially filed with

the Site Manager or designee.

Section 2408.

Grievances pertaining to merit promotion actions will be initially filed with

the Site Manager or designee, or in accordance with the procedures of

ASP.

30
Section 2409.

All time limits specified by the grievance procedure can be extended by

agreement of both parties. Failure of the Employer to meet the time limits

prescribed shall constitute cause to move the grievance to the next step, or

arbitration if at the second step, and so desired by the Union.

Section 2410.

A. Union grievances will be originated at the second step from the Union

President or designee to the Site Manger or designee. Presentation of the

written grievance will be made within 15 workdays following the event, or

knowledge that such event occurred or is scheduled or occur. Upon

receipt of such grievance, the procedures and time limits of the second

step will apply.

B. Employer grievances will be originated at the second step of the

grievance procedure by the Employer designee and submitted to the Union

President or designee, presenting the written grievance to the Union within

15 workdays following the event, or knowledge that such event occurred or

is scheduled to occur. Upon receipt of such grievance, the procedures and

time limits of the second step will apply.

Section 2411.

The Employer and the Union agree that when several employees have an

identical grievance (where few individual variations are involved), the

Union will select one (1) case for processing under the grievance

procedure. The employees will be advised that in processing one (1)

grievance for the group, the decision on the case selected will be binding

on all affected employees. Names of all employees involved in this

procedure will be made a part of the record of the case selected for

processing and when any decision is made on the grievance, each

employee will be individually notified.

Section 2412.

A. The Employer and the Union agree that at the option of the employee,

they may appeal adverse actions either to the MSPB or through the

negotiated grievance procedure, but not both.

B. In the event an employee wishes to appeal an adverse action under this

negotiated grievance procedure in lieu of the appellate procedure as set

forth in Section 7701 of the Act, the appeal shall be reduced to writing on

the grievance form. The grievance shall be entered directly at the level

above the deciding supervisory level, within 15 workdays following the

employee's receipt of the decision in response to the employee's reply to

the adverse action proposal.

31
If that level is above that if the Site Manager, the Employer will provide a

qualified impartial designee from outside the MEO to hear the grievance.

On receipt of such grievance, the procedures and time limits of the

appropriate step will apply.

Section 2413.

The Employer and the Union agree that if at any point in the grievance

procedure the grievant is awarded the personal relief sought or settlement

reached, the grievance is considered closed.

ARTICLE 25. ARBITRATION

Section 2501.

Only grievances which have been processed through the grievance

procedure in accordance with Article 24 may be appealed to arbitration.

Section 2502.

Arbitration may be invoked only by the Employer or the Union.

Section 2503.

If the decision at the second step of the grievance procedure does not

satisfactorily settle the grievance, and either party desires to submit the

grievance to arbitration, the appealing party shall, within 30 calendar days

of receipt of the second step disposition, serve upon the other party a

written notice of intent to arbitrate.

Section 2504.

Within seven (7) workdays from the date of receipt of the arbitration

request, the party requesting arbitration shall contact the other party and

attempt to pick a mutually-agreed upon arbitrator from maintained list of

regional arbitrators. If the parties cannot mutually agree on an arbitrator,

the appealing party will request that the Federal Mediation and Conciliation

Service submit a list of five (5) impartial persons to act as arbitrators. The

parties shall make contact within five (5) workdays after the receipt of such

a list. If they cannot mutually agree upon one (1) of the listed arbitrators,

then the Employer and the Union will each alternately strike one (1)

arbitrator's name from the list of five (5) and shall then repeat this

procedure. The remaining name shall be the duly selected arbitrator. Who

strikes first will be determined by coin toss.

32
Section 2505.

The arbitration hearing shall be held during the regular day shift work

hours of the basic work week and all employee representatives, grievant

and employee witnesses, who are members of the unit, shall be in a pay

status without charge to annual leave while participating in the arbitration

proceedings, if they would otherwise be in a pay status. It is understood

and agreed that payment in accordance with this section that overtime or

compensatory time will not be paid for time involved in the proceedings.

Section 2506.

The arbitrator will schedule a hearing after giving due notice to the parties.

At such hearing, the testimony will be limited to such material facts as are

in dispute and to such material argument as the arbitrator considers being

necessary and proper. All other procedures relating to arbitration shall be

determined by the arbitrator.

Section 2507.

Arbitration hearings will be held on any mutually agreed premises. If the

location of the arbitration cannot be agreed upon, a coin toss will

determine the location. If any such decision results in an added expense,

both parties will equally bear the burden of that expense.

Section 2508.

The process of arbitration will be carried out as expeditiously as possible

with a request that, whenever practicable, the arbitrator will render the

decision, in writing, within two (2) calendar weeks after fully taking the

matter under submission by sending copies of the decision to both parties.

Section 2509.

The arbitrator shall be prohibited from adding to, modifying, or subtracting

from the terms of this agreement or any supplemental written agreement of

the parties.

Section 2510.

The decision of the arbitrator shall be binding. If either party takes

exception to the decision, it shall, within 10 calendar days, notify the other

party in writing of its intent to appeal the decision to the Federal Labor

Relations Authority.

33
Section 2511.

Grievances which are appealed to arbitration and which contain continuing

liability shall be given priority over all other grievances in the arbitration

procedure at that time.

Section 2512.

Should a dispute arise as to the grievability or arbitrability of an issue, the

dispute shall be submitted to the arbitrator, as a threshold issue, for

decision.

Section 2513.

The arbitrator's fee and the expenses of arbitration will be shared equally

by the Employer and the Union. Either party may request a copy of the

transcript and bear the cost thereof. If the other party desires a copy of the

transcript, they will reimburse the other party for one-half the cost of the

transcript.

ARTICLE 26. VOLUNTARY ALLOTMENT OF UNION DUES

Section 2601.

The Employer and the Union agree that the following provisions and time

frames are applicable as long as the payroll function remains under the

Employer's control; and that a reasonable effort will be made to keep time

frames and provisions in the event the payroll function moves to another

command.

A. Union dues shall be deducted by the Employer from an employee's pay

each pay period when the following conditions have been met:

B. The employee has voluntarily authorized such a deduction on the

Standard Form 1187, Allotment Form.

C. The employee's earnings are sufficient, after all other legal deductions,

to cover the full amount of the allotment.

D. Section A of the Allotment Form has been completed and signed by an

official of the Union and the form has been received by the Payroll Office.

Section 2602.

There is established a multiple-dues structure. The Employer shall deduct

Union dues in the amount listed on the Standard Form 1187, signed by an

employee of the unit for which the Union holds exclusive recognition.

34
Section 2603.

The Union shall be responsible for ensuring that the Allotment Form is

provided and made available to the members, and shall ensure that the

employees are fully informed concerning the program for payroll deduction

of Union dues, its voluntary nature, the uses of the required form, and the

procedure for revocation of allotments.

Section 2604.

Deduction of Union dues shall begin with the first pay period which occurs

after receipt of a correctly executed Allotment Form by the Payroll Office.

However, such forms must be received by the Payroll Office not later than

three (3) workdays prior to the beginning of the aforesaid payroll period.

Employees may not request the deduction from their earnings of dues to

more than one (1) Union.

Section 2605.

The dues shall be transmitted by the Payroll Office to the Treasurer of the

Union, by check, not later than 10 workdays after the close of the pay

period in which the deduction was made. With each remittance, the Payroll

Office shall provide the Union with two (2) copies of the computer print-out,

containing the following information, as a minimum:

A. Names and payroll number of each employee for whom dues are being

deducted and the amount of each deduction.

B. Total number of employees for whom dues were withheld.

C. Total amount withheld.

Section 2606.

Revocation forms, Standard Form 1188, Revocation of Voluntary

Authorization for Allotment Compensation for payment of Employee

Organization Dues, will be made available. Such revocation will not be

effective, however, until the first full pay period following one (1) year from

the date the first deduction was made by the Payroll Office, provided the

form is received by the Union in a timely fashion. Timely fashion - the time

necessary for the Union to process the request and forward it to the Payroll

Office to effectuate the stoppage. Thereafter, such revocation will not be

effective until the first full pay period following any successive anniversary

date, provided the form or request is received in a timely fashion as noted

above.

35
Section 2607.

An employee's voluntary allotment for payment of his or her Union dues

shall be terminated with the start of the first pay period following the pay

period in which any of the following occur:

A. Loss of exclusive recognition by the Union.

B. Separation of the employee from the Unit.

C. Upon receipt of notice from the Union that the employee is no longer a

member in good standing.

Section 2608.

The Union shall promptly furnish the Employer, and maintain on a current

basis, a certification of the amount of dues and the name and address of

the official of the Union authorized to certify Section A of Standard Form

1187 on behalf of the Union.

Section 2609.

This agreement for Voluntary Allotment of Union dues shall continue in full

force and effect for as long as the Union continues to be recognized by the

Employer on an exclusive recognition basis for the employees involved.

ARTICLE 27. PERFORMANCE APPRAISALS

Section 2701.

The determination of work plans and performance standards is the

responsibility of and is reserved to management. Informal discussions

between the employee and supervisor concerning work plans and

performance standards are a normal part of supervision and will occur to

elicit employee input regarding performance criteria. Employees will be

given an opportunity to participate in the development of the performance

standards and the work plan for each position through discussions

between the supervisor and the employees. Within 30 calendar days of the

beginning of the appraisal period the Employer will furnish the employee a

copy of the Performance Standards which will include the performance

elements and work plan. For newly appointed and promoted employees,

performance standards will be communicated in writing within 30 calendar

days after entrance into the position. Changes to established performance

elements or work plans shall be given to the employee in writing.

Supervisors will discuss any changes to existing work plans and review

established new work plans with their employees.

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Section 2702.

All employees will receive a performance appraisal which will be based on

a comparison of employee performance with the performance standards

established for their position. Performance appraisals will be in writing,

normally completed on an annual basis, and submitted within 30 calendar

days after the end of the appraisal period. Performance appraisals will be

discussed with employees in private during the month in which the rating

is due. A block will be provided on the Appraisal form for the employees to

indicate their views should they so desire. At the conclusion of the

discussion with the supervisor, the employee shall sign the appraisal form.

By signing, an employee merely acknowledges receipt of the appraisal, but

not necessarily agreement with it. Employees will be given a completed

copy of the form within 30 calendar days. Informal discussions between

the employee and the supervisor concerning performance are a normal

part of supervision and should occur throughout the appraisal period.

However, a scheduled mid-year performance review shall be conducted.

Section 2703.

An employee may be reduced in grade or removed for failure to correct

unacceptable performance at any time during the appraisal cycle, providing

a current standard has been given to the employee and that, subject

employee had sufficient training available and knowledge of said

agreement with supporting documentation. When an employee is

determined by the supervisor to be performing at an unacceptable level in

a critical element, the supervisor will notify the employee in writing what

action must be taken by the employee to improve his or her performance to

an acceptable level and what assistance will be provided by the Employer

to help them improve. The supervisor will give the employee at least 60

calendar days to bring his or her performance up to at least a minimally

successful level. If an employee has performed acceptably for 1 year from

the beginning of an opportunity to demonstrate acceptable performance (in

the critical element (s) for which the employee was afforded an opportunity

to demonstrate acceptable performance), and the employee’s performance

again becomes unacceptable, the agency shall afford the employee an

additional opportunity to demonstrate acceptable performance before

determining whether to propose a reduction in grade or removal under 5

U.S.C. 432.105. If the employee fails to achieve the goals outlined in the

performance improvement plan at the end of the improvement period, or

drops below the minimally successful level, in those same elements prior

to one year having expired from the date the improvement period began,

then reduction-in-grade or removal may be proposed without the need for

an additional improvement period.

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Section 2704.

For each employee covered by this system, the completed performance

appraisal form and any supporting documentation shall be maintained

within the EPF and a copy will be furnished to the employee. Appraisers

may retain unofficial copies of performance documents; however, the

storage, access, and retention of such documents will be subject to the

rules and regulations governing the Freedom of Information and Privacy

Acts. Personal notes retained by supervisors/managers which are for the

personal use of the author and are not provided to any other person and

which are retained or discarded at the author's sole discretion are not

considered a part of the performance appraisal file system; therefore, such

notes are not subject to the Privacy Act.

Section 2705.

When employees are identified as being minimally successful or

unacceptable during performance evaluations, documented training or

assistance will be provided to assist them in improving their performance

to an acceptable level.

Section 2706.

Requests for clarification about the contents of, or the setting of,

performance standards, which have not been satisfactorily explained by

the supervisor, will be reduced to writing by the employee. The request will

be forwarded to the reviewing official. The reviewing official will respond

to the request. The decision of the reviewing official concerning the

contents of a performance standard is final and not subject to further

review in any forum.

Section 2707.

Requests for clarification about the contents of performance appraisals,

which have not been satisfactorily explained by the supervisor, will be

reduced to writing by the employee. The request will be forwarded to the

reviewing official. The reviewing official will respond to the request. If the

overall rating of record is minimally successful or unacceptable, the

decision of the reviewing official concerning the contents of a performance

appraisal shall be handled in accordance with section 3 of this article.

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ARTICLE 28. Office Space

Section 2801.

The Employer will provide the following for Union use:

Secure, private office space and furnishings to include:

A. 1 computer, standard internet usage, access to a Cyber fed account and

access to any other free research tools.

B. 1 black and white printer with copy capability and with stand/table.

C. 1 Desk, (2) chairs, one (4) drawer locking file cabinet.

D. 1 phone line, fax machine, DSN, unauthorized long distance phone

charges are to be paid by the union when it was within their control.

E. Cell phone, if budgeted, to be used only for Union business and only

during normal daylight business hours.

F. Use of government transportation, on base only, if not already in use or

reserved.

G . Use of a shredder.

H. Anything else the Union can get from DRMO for free without any

maintenance liability or expense to the Agency will be endorsed by the

Employer. The understanding is that such equipment and furniture must

be deemed related to conducting Union business or it will not be endorsed

by the Employer.

ARTICLE 29. DURATION AND CHANGES

Section 2901.

This Agreement, as executed by the parties, shall remain in full force and

effect for four (4) full years from the date of its complete approval by the

Department of Defense. On the request of either party, the parties shall

meet to commence negotiations on a new agreement no more than 60, nor

less than 30 days, prior to the expiration date of this agreement. If neither

party requests negotiations per the above, the agreement will be

automatically extended in one (1) year increments. This agreement shall

go into effect by hand shake and as soon as possible after DoD approval.

Additional copies will be made available to the workforce thereafter .

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Section 2902.

Any amendment to this agreement approved by the Department of Defense

shall be promptly reproduced by the Employer and disseminated to all

employees within the Unit, as mutually agreed.

Section 2903.

No agreement, understanding, variation, waiver, or modification of any

terms or conditions contained herein shall be made by any employee or

group of employees with the Employer, and in no case shall it be binding

upon the parties hereto unless such agreement is made and executed in

writing between the parties hereto and approved by the Department of

Defense.

Section 2904.

The waiver of any breach or condition of this agreement by either party

shall not constitute a precedent in the future enforcement of all the terms

and conditions herein.

For the Employer For the Union

Date

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